Supreme Court to Take Up LGBT Job Discrimination Cases

April 22, 2019 by Dan McCue

The U.S. Supreme Court agreed Monday to take up the question of whether provisions of the federal Civil Rights Act of 1964 prohibiting employment discrimination applies to LGBT individuals.

The justices said they would hear Bostock v. Clayton County, Georgia, which has been consolidated with Altitude Express Inc. v. Zarda, cases involving individuals who claim they were fired because of their sexual orientation.

The Georgia case involves a discrimination claim filed by an employee of Clayton County, a suburb of Atlanta. The consolidated case, Altitude Express, involved a gay skydiving instructor who claims he was fired because of his sexual orientation.

The justices also said they would hear R.G. & G.R. Harris Funeral Homes v. EEOC, a case from Michigan involving a funeral home employee who was fired after disclosing that she was transitioning from male to female and dressed as a woman.

The funeral home argues in part that Congress was not thinking about transgender people when it included sex discrimination in Title VII.

The cases will be argued during the high court’s fall term, with decisions likely to be handed down in June 2020, just as Democrats and Republicans are preparing for their presidential nominating conventions.

In addition to becoming a hot button issue in the presidential campaign, the cases will likely be seen as a litmus test for the court, which has theoretically grown more conservative since President Donald Trump successfully appointed two justices: Neil Gorsuch and Brett Kavanaugh.

Title VII of the Civil Rights Act does not specifically mention sexual orientation or transgender status. However, a series of recent rulings have said it does apply to members of the LGBT community.

Federal appeals courts in New York (the Second Circuit) and Chicago (the Seventh Circuit) have ruled that gay and lesbian employees are entitled to protection from workplace discrimination.

Meanwhile, the federal appeals court in Cincinnati (the Sixth Circuit) has extended similar protections for transgender people.

The Trump administration has argued Title VII was not intended to provide protections to gay and transgender individuals in the workplace.

Separately, the White House has withdrawn an Obama-era guidance to treat claims of transgender students as sex discrimination.

As is their custom, the justices did not say why they took up the cases.

 

Supreme Court

Roberts Holds Key to Whether Recent Anti-Abortion Laws Lead to Roe Review Supreme Court
Roberts Holds Key to Whether Recent Anti-Abortion Laws Lead to Roe Review
May 17, 2019
by Dan McCue

For several weeks, a growing number of states in the Midwest and South have passed laws sharply limiting women's access to abortions in a heavy-handed bid to force the U.S. Supreme Court to reconsider its 1973 ruling in Roe v. Wade. To Chief Justice John Roberts... Read More

Ohio, Michigan Ask Supreme Court to Block Redistricting Orders Supreme Court
Ohio, Michigan Ask Supreme Court to Block Redistricting Orders
May 13, 2019
by Dan McCue

The attorneys for both Ohio and Michigan asked the U.S. Supreme Court on Friday to intervene and block lower court orders to rectify partisan gerrymanders. In Ohio, a three-judge panel ruled that the state's congressional district map was unconstitutionally gerrymandered to perpetuate Republican power and disadvantage... Read More

iPhone Users Can Sue Apple Over App Store Prices, Justices Rule Supreme Court
iPhone Users Can Sue Apple Over App Store Prices, Justices Rule
May 13, 2019
by Dan McCue

The U.S. Supreme Court on Monday held that iPhone users can proceed with a class-action against Apple over what the plaintiff's claim is the company's monopoly over app sales. While the decision is potentially a landmark ruling for consumers seeking to bring anti-trust cases against corporations,... Read More

Supreme Court Overturns 40-Year Precedent in Two-State Dispute Supreme Court
Supreme Court Overturns 40-Year Precedent in Two-State Dispute
May 13, 2019
by Dan McCue

A divided U.S. Supreme Court Monday overturned a 40-year precedent, ruling one state cannot be sued in the courts of another without its consent. The decision ends a long-running tax dispute between California officials and a Nevada inventor named Gilbert Hyatt. Hyatt, a former California resident,... Read More

Mystery Delays Push Divisive Supreme Court Issues Into Election Year Supreme Court
Mystery Delays Push Divisive Supreme Court Issues Into Election Year

WASHINGTON — In January the Supreme Court appeared poised to act on President Donald Trump’s bid to end deportation protection for hundreds of thousands of young immigrants. Then the case disappeared. Though scheduled to discuss the appeal at their Jan. 18 private conference, the justices haven’t... Read More

Ex-Police Officer Who Killed Black Motorist During Traffic Stop Appeals Conviction to Supreme Court In The News
Ex-Police Officer Who Killed Black Motorist During Traffic Stop Appeals Conviction to Supreme Court
May 8, 2019
by Dan McCue

A former North Charleston, South Carolina police officer who is serving a 20-year prison sentence for killing a black motorist who fled a traffic stop four years ago, has appealed his case to the U.S. Supreme Court. Michael Slager pleaded guilty in May 2017 to a... Read More

Straight From The Well
scroll top